D.C.I.T CIR - 1,KOLKATA., KOLKATA vs. M/S M/S EXIDE INDUSTRIES LIMITED, KOLKATA

PDF · subscribers
ITA 337/KOL/2013Status: DisposedITAT Kolkata28 September 2015AY 2005-064 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the assessee had neutralized the impact of excise duty in the profit and loss account and offered the duty to tax in the subsequent year, thus avoiding double deduction. Therefore, the disallowance by the AO was incorrect.

What were the facts?

The assessee included excise duty in the valuation of closing stock and claimed a deduction under Section 43B. The AO disallowed this, alleging double deduction. The CIT(A) deleted the addition, finding no double deduction.

What were the issues?

Whether including excise duty in closing stock and claiming deduction under Section 43B amounts to double deduction. Whether the assessee's method of accounting and subsequent tax treatment avoids double deduction.

Which sections of the Income-tax Act were involved?

Section 43B,Section 139(1)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, KOLKATA BENCH “B” KOLKATA

Before: Shri Mahavir Singh & Shri Waseem Ahmed

Hearing: 28.09.2015

आदेश /O R D E R

PER Waseem Ahmed, Accountant Member:-

1.

This appeal by the Revenue is arising out of order of Commissioner of Income Tax (Appeals)-XX, Kolkata in appeal No.103/CIT(A)-XX/Cir.1/2011- 12/Kol dated 30.11.2012. Assessment was framed by DCIT, Circle-1, Kolkata u/s 143(3)(II) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) vide his order dated 31.12.2008 for assessment year 2005-06.

DCIT Cir-1, Kol. v. M/s Exide Inds. Ltd. Page 2 2. The issue raised by Revenue in this appeal is that Ld. CIT(A) erred in deleting the addition of Rs.12,50,20,559/- made u/s. 43B of the Act on account of excise duty on closing stock.

3.

Briefly stated facts are that assessee is a limited company and engaged in the business of manufacturing and trading of lead acid storage batteries and accessories thereof. During the year the assessee has valued the closing stock lying in the factory premises and at its depots at the year end after including the element of excise duty amounting to Rs.12,50,20,559/-. The assessee claimed the deduction of the same amount of excise duty on the closing stock of the goods by debited the profit and loss account. The assessee deposited/paid the same amount of excise to the excise department before filing return of income under section 139(1) of the Act. The assessee once again claimed the deduction of the same amount of excise in the computation of income u/s 43B of the Act. So that way the AO concluded that the assessee is claiming the double deduction of the same amount of excise duty i.e. one time by debiting the profit and loss account and second time in the computation of income. However the assessee demonstrated before the AO that there was no double deduction of the excise duty but the AO disregarded the claim of the assessee and added the amount of excise duty in the total income of the assessee.

Aggrieved, assessee is in appeal before Ld. CIT(A) who has deleted the addition made by AO. Aggrieved Revenue is in appeal before us on the following ground:- “1. That The Ld CIT(A) is erred in deleting the addition of Rs.12,50,20,559/- made U/s 43B on account of excise duty on closing stock”

Sri Sachidananda Srivastava, Ld. Departmental Representative appearing on behalf of Revenue and Sri Bishan Kr. Seal, Ld. Authorized Representative appearing on behalf of assessee.

DCIT Cir-1, Kol. v. M/s Exide Inds. Ltd. Page 3

4.

The Ld DR vehemently supported the order of the AO. The Ld. AR submitted that the issue is already covered by the decision of the Kolkata Tribunal in and Hon’ble jurisdictional High court in G.A. No. 3187 of 2013 in the own case of assessee wherein the appeal was decided in favour of the assessee . The Ld. AR has submitted the paper book running into pages from no.1 to 50. It was also explained that the amount of excise duty was debited in the profit and loss account of the assessee and credited the same amount of excise duty on the closing stock of finished goods (Both for Depot Stock and factory stock) in the profit and loss account of the assessee. It had neutralized the impact in the profit of the assessee. Now the said duty is allowable by virtue of the provisions of section 43B of the Act in the relevant year. And the duty which is allowed in the year in the computation of income, the same duty is offered to tax in the subsequent year in the computation of income in order to avoid the double deduction. This process of claiming the deduction and addition has been evidenced by producing the supporting documents in the form of paper book. The relevant nos. of pages of the paper books are 45-47 and 48-50 wherein the computation of income for the assessment years 2005-06 and 2006-07 have been furnished.

5.

After careful study of the facts of the case and examination of the records, we find the AO has disallowed the claim of the assessee on the ground of double deduction. However from the submission of the assessee, we found that the effect of the excise duty in the profit and loss account has been made neutralized by debiting the P&L and by crediting the closing stock in P&L account. Besides the deduction claimed by the assessee in the computation of income by virtue of the provisions of section 43B, is offered to tax in the subsequent year. Hence the question of double deduction does not arise. We are also relying on the judgement of Hon’ble Supreme Court in the case of Berger Paints (India) Ltd. vs. CIT 266 ITR 99 (SC). Therefore we are DCIT Cir-1, Kol. v. M/s Exide Inds. Ltd. Page 4 dismissing the appeal of revenue and allowing the appeal in favour of the assessee.

More judgments on Section 43B

All 7,161 judgments and leading authorities on Section 43B →

Recent GST High Court judgments

Search GST case law →